Do Most Car Accident Cases Go To Court?

Written by Jeremy D. Earle, JD

August 5, 2022

Car Accident Lawsuits

An car accident drastically alters a person’s life. A person may be confined to their house while healing from their injury. They are unable to work, yet the costs continue to mount. Their lives have devolved into a never-ending slew of medical and therapy sessions.

IS THERE ANY HOPE FOR YOU?

Yes, with the assistance of a car accident lawyer.

Following a car accident, you have two options for pursuing compensation: filing an insurance claim or filing a lawsuit. You may be entitled to more money than the insurance company is prepared to pay, and if they don’t treat you properly, you may have to take them to court.

On the other hand, car accident trials are more common in movies and television than in real life. That’s right: the great majority of car accident claims are resolved without the need for further legal action. While most car accident lawsuits do not go to trial, you should be prepared to go to court if necessary. Here’s the deal:

CAR ACCIDENT CASES: HOW OFTEN DO THEY GO TO COURT?

Tort cases, such as car accidents, are a sort of tort lawsuit. A tort is a legal word for an action that results in a person’s Loss or injury.

According to the Bureau of Justice Statistics, just 3% of all tort claims proceed to trial. In a car accident injury lawsuit, this indicates you have a high possibility of settling out of court with an insurance company. Why?

MOST CAR ACCIDENT CASES ARE SETTLED OUTSIDE OF COURT FOR VARIOUS REASONS.

In most car accident cases, neither side wants to go to trial. If the insurance company is willing to pay fairly, victims may avoid going to court. For identical reasons, the insurance company is hesitant to go to court.

AN OUT-OF-COURT SETTLEMENT MIGHT BENEFIT ALL PARTIES INVOLVED IN A CAR ACCIDENT LAWSUIT.

A court trial is fraught with unknowns. The injured party wins around half of the time in the 3% of tort claims that proceed to trial. When the danger is that you will be unable to pay for soaring medical expenses and may not work, these aren’t the greatest chances.

WHILE YOU MAY BELIEVE YOUR ARGUMENT IS COMPELLING, IT IS DIFFICULT TO FORESEE HOW A JURY OR JUDGE WILL EVALUATE IT

A trial is a bit of a winner-take-all situation, with one obvious winner and one clear loser. Parties often settle and compromise to avoid ambiguity.

THE EXPENSE OF A COURT TRIAL MIGHT BE RATHER HIGH.

Going to court requires a client and his or her legal team to devote additional time and money to the case. A trial may significantly reduce the compensation a victim receives after all court expenses, and attorney fees are paid.

ON THE OTHER HAND, INSURANCE FIRMS NORMALLY DESIRE TO REACH AN AGREEMENT TO SAVE MONEY

They don’t like open claims, and their lawyers don’t work for anything. The more quickly they can settle cases, the more money they save.

TRIALS TAKE TIME TO COMPLETE. A court case is nearly always more time- consuming than an out-of-court settlement. Many countries’ courts are overburdened, and clients may have to wait a lengthy period for their trial dates. Bills may not be paid due to the delay, and creditors may grow irritated. Furthermore, accident victims want emotional closure as much as they require financial assistance. Settling may be a good way to bring the process to a close for all parties involved and enable car accident victims to go on with their lives.

OFTEN, A TRIAL ISN’T REQUIRED. Many smaller personal injury legal offices lack the resources that larger, national firms possess. These lawyers are excellent negotiators who know how to predict what insurance companies would try to avoid paying a reasonable settlement. Experienced lawyers avoid lawsuits by remaining one step ahead of the game. These organizations avoid going to trial because their legal staff can negotiate a reasonable settlement with an insurance carrier.

WHEN ARE CAR ACCIDENT CASES HEARD IN COURT?

While statistics suggest that car accident trials are uncommon, the court might sometimes be the best option. If a legal team believes that litigation would be advantageous to their client, they will advise them accordingly. The client is the one who ultimately decides whether or not to go to trial.

THE FOLLOWING ARE SOME OF THE REASONS WHY AN ATTORNEY COULD ADVOCATE PUTTING A MATTER TO TRIAL:

The insurance company will not accept a reasonable settlement. If the insurance company refuses to offer or agree to a reasonable settlement, you may need to go to trial to collect your deserved pay. This predicament may occur in any circumstance. They seek a significantly higher settlement if you have sustained catastrophic and life-altering injuries.

The question of who is to blame for the accident remains unresolved. The insurance company may maintain that you are to blame for the accident and refuse to pay you anything. Your attorney may advise going to trial if you have significant proof to the contrary.

There are more than two people engaged in this situation. Accidents involving more than two cars, a ride sharing firm like Uber or Lyft, or a commercial car include more people who might be held accountable. As a consequence, resolving these issues becomes more difficult. A municipality may be held liable if roads or traffic signs are not properly maintained.

Having numerous defendants does not ensure a trial. Still, it certainly enhances the chances since avoiding trial requires more than one party and their insurance to reach an arrangement.

Whether their case settles quickly or goes to trial, clients require experienced and effective legal counsel. Every matter that a law firm takes on should be treated as though it will be trial.

Clients should seek a law firm that is proactive, diligent in its approach and does not cut shortcuts.

WHAT KINDS OF DAMAGES CAN AN ACCIDENT VICTIM GET?

If you take your car accident lawsuit to trial and win, a court will pay you compensation. A fair settlement will take into consideration both your monetary and non-monetary losses.

Medical bills, for example, have a fixed cost connected with them. Noneconomic damages, such as pain and suffering, are less quantifiable but no less real consequences of the disaster.

Personal injury lawyers may seek compensation on behalf of affected individuals that sufficiently covers:

ALL MEDICAL EXPENDITURES INCURRED AS A RESULT OF THEIR ACCIDENT-RELATED INJURIES

When someone else is to blame for their injuries, no one should pay for their medical bills. Any present medical expenditures and an amount expected to cover future medical treatment for accident injuries should be covered by a settlement.

TAKE TIME OFF WORK TO RECUPERATE

Workplace benefits that compensate for time off due to sickness or injury are not available to everyone, and even if they are, PTO may rapidly run out. After a car accident, injured parties should not have to worry about losing their house or being unable to pay their obligations because they are unable to return to work.

FOR THOSE WHO CANNOT RETURN TO WORK, THERE WILL BE A LOSS OF INCOME.

Some injuries will make it impossible for individuals to return to work. Even with “mild” injuries, lifting things or standing for long periods might be challenging. Money cannot make up for someone’s injuries, but it may help bridge the income gap if they cannot work at all.

THE REPAIR OR REPLACEMENT OF A CAR THAT HAS BEEN DAMAGED.

Many homes cannot function without a car, taxis and ridesharing services are costly, and public transit may turn a 10-minute trip into an hour-long journey. Injured parties are entitled to have their car fixed or replaced if required.

AGONY AND SUFFERING, AS WELL AS MENTAL ANGUISH.

Following their collisions, several car accident victims have emotional and psychological difficulties. They might be suffering from post-traumatic stress disorder (PTSD) and nightmares. Some individuals have severe anxiety while driving or riding in a car.

Accident-related injuries may also result in lasting scars and deformities. These forms of damages should be compensated in a settlement.

WHAT IF A LOVED ONE PASSED AWAY AS A RESULT OF THEIR INJURIES?

According to the Centers for Disease Control and Prevention, around 90 people die in car accidents in the United States every day. Although no money can ever replace a loved one’s life, a wrongful death car accident compensation may aid a grieving family’s financial situation.

SURVIVORS OF A WRONGFUL DEATH CASE MAY SEEK A WRONGFUL DEATH PAYMENT THAT INCLUDES:

  • Costs of funerals and burials are
  • Any accident-related medical treatment obtained by the deceased before death
  • Reimbursement for any young children who have lost parental supervision

  • Compensation for a surviving spouse’s Loss of companionship
  • Any potential earnings the deceased could have made throughout their working years
  • Reimbursement for household maintenance services provided by the dead, such as snow removal or home repairs

IS IT POSSIBLE TO REDUCE THE TIME IT TAKES FOR A CAR ACCIDENT CASE TO BE RESOLVED?

Yes, you should contact a car accident attorney. This ensures that your claim gets through fast without losing the funds you require—and deserve—to compensate you for your losses.

Nobody wants a car accident lawsuit to go on for a long time. The client, the attorneys, and the insurance company are not to blame. Attorneys understand how inconvenient it is for their clients to wait for answers or updates. As a result, several businesses have legal specialists accessible to receive calls or respond to chat messages 24 hours a day, seven days a week.

Some components of the case’s chronology will be outside the control of the injured party. You can, however, move things forward more quickly.

Immediately after the collision, contact a car accident legal company. There’s no need to put off contacting a lawyer. You have nothing to lose and everything to gain by participating! At the first case meeting, an attorney will inform a client whether they have a valid legal case.

Using the services of an attorney may also help you safeguard your legal rights. Every state in the United States has its deadlines for car accident victims to bring a lawsuit after an accident. Statutes of limitations are the names given to these temporal constraints. If you wait too long, you may lose your chance to get compensation. This is particularly true when bringing a lawsuit against a government institution since the filing deadline is usually substantially shorter.

Getting in touch with an attorney as soon as feasible also helps preserve evidence. Evidence fades with time, so if you require an investigation to determine what occurred or who caused a car accident, your legal team should get started as soon as possible.

Investigators may need to locate and examine images, dashcam footage, and other cameras that caught the collision. If required, they will go to the accident site to gain a fuller picture of what transpired. It’s usually simpler to get witnesses right after an accident than to wait.

SEEK MEDICAL HELP AS SOON AS POSSIBLE

Serious injured car accident victims may not have a choice—they may be carried away in an ambulance for medical care. Car accident victims who haven’t hurried away in an ambulance, on the other hand, should not assume they’re “OK.” You should never put off seeing a doctor.

Even if emergency medical services were not required, a person might be injured. The adrenaline surge that follows a car accident may numb a person’s pain receptors, thereby marking any signs of injury. Some severe injuries take hours or even days for the person to notice.

Receiving immediate medical care may help you move your case forward and prevent a debate with the insurance company about whether you caused or contributed to your injuries by failing to seek treatment. It is advisable to see a doctor as soon as possible following an car accident.

Keep all of your scheduled medical visits. Even getting out of bed after an accident might be difficult. If a person’s car has been destroyed, they may be hurrying to locate alternative transportation. After a car accident, however, it is vital to attend all prescribed medical visits. In-car accident lawsuits, medical records are crucial evidence.

The legal team’s task becomes more difficult without comprehensive and precise medical documents. Medical care that is consistent aids them in precisely calculating the medical expenditures for which you seek reimbursement.

Warrior Personal Injury Lawyers
1902 W. Colorado Ave., Ste. 100
Colorado Springs, CO 80904
719-300-1100

Free Consultation

NO FEE UNLESS WE WIN

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